TriggerFinger


The outcome of the Emerson case


Shall Not Be QuestionedI also didn’t know it was still possible to raise due process issues in Misdemanor Crimes of Domestic Violence. Years ago, I can’t remember the case, Lautenberg Amendment was challenged on ex post facto grounds and lost. I thought that was the end of that. But apparently not completely, when seeking grounds to get a conviction set aside by the courts.

I remember Emerson lost on this because the 5th Circuit determined that the due process involved in a restraining order was "minimally" sufficient, but that wasn't an ex post facto case.

This entry was published Wed Apr 15 10:57:46 CDT 2015 by TriggerFinger and last updated 2015-04-15 10:57:46.0. [Tweet]

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